# Stark County Bar Ass'n v. Ake

> Ohio Supreme Court · November 15, 2006 · 111 Ohio St. 3d 266

URL: https://www.frixlaw.com/law-library/cases/6789784

## Case

- **Full name:** Stark County Bar Association v. Ake
- **Court:** Ohio Supreme Court
- **Decided:** November 15, 2006
- **Citations:** 111 Ohio St. 3d 266
- **Precedential status:** Published
- **Opinion:** Dissent by Moyer
- **Judges:** Connor, Donnell, Lanzinger, Moyer, Pfeifer, Resnick, Stratton
- **Cited by:** 24 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6789784

## Opinion text

Moyer, C.J.,
dissenting.
{¶ 49} I respectfully dissent. “A lawyer shall not disregard * * * a ruling of a tribunal made in the course of a proceeding * * DR 7-106(A). The rule could not be more clear; a lawyer may not violate a court order. Ake not only acknowledged that he violated the order of the trial court, he brazenly acknowl *273 edged that he had supplanted the trial court’s judgment with his own: “I also believed that the Court order was not — wouldn’t have been upheld on appeal and I believe that to this day.”
John A. Murphy Jr. and Richard S. Milligan, for relator.
Charles J. Kettlewell, for respondent.
{¶ 50} We have previously held that a violation of a trial court’s order is a violation of DR 7-106(A). Ohio State Bar Assn. v. McCray, 109 Ohio St.3d 43 , 2006-Ohio-1828 , 845 N.E.2d 509 , ¶ 17-18. We have sanctioned more severely than the majority does here conduct similar to that of respondent. Stark Cty. Bar Assn. v. Osborne (1991), 62 Ohio St.3d 77 , 578 N.E.2d 455 (one-year suspension for violating court order).
{¶ 51} Our system of justice rests upon respect for judicial tribunals and then-orders. Lawyers may not choose which orders they will respect. I would suspend respondent from the practice of law for six months.
Lundberg Stratton and O’Connor, JJ., concur in the foregoing opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6789784. Public record. Not legal advice.